JUDGMENT :

A.K. Mishra, J.

Both the appellants have assailed their conviction and sentence in the judgment dated 13.9.2010 passed by Adhoc Addl. Sessions Judge (F.T.C.-II), Balasore in Sessions Trial No.107/50 of 2009/07. The learned Sessions Judge, has convicted them U/s.376(2)(g) of the I.P.C. and passed sentence R.I. for 10 (Ten) years and also U/s.302/34 of the I.P.C. sentencing life imprisonment and U/s.201/34 of the I.P.C. sentencing R.I. for 5(Five) years. Both the appellants were convicted and sentenced with another accused-Kaira Jarka who has not preferred appeal.

2. The prosecution case in narrow compass may be stated thus:-

Accused persons and deceased belong to Village-Pindabasa. On 7.6.2006 deceased with Smt. Minjari Mahakuda (P.W.4) and girl child-Kumari Minjhar Singh (P.W.5) had been to Padampur Weekly Market from their Village-Pindabasa of Oupada P.S. While returning from the market evening approached near Village-Badacua. All of them went to the house of Dhaneswar Manik (P.W.19) for a night halt. After sometime all the accused persons, namely, Kaira Jarka, Jujhar Hoo and Rama Singh came to the house of Dhaneswar and consumed "Handia? (Formented Rice). The three accuse